Section 536.067

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 536

Effective - 28 Aug 2011   

  536.067.  Notice in contested case — mailing — contents — notice of hearing — time for. — In any contested case:

  (1)  The agency shall promptly mail a notice of institution of the case to all necessary parties, if any, and to all persons designated by the moving party and to any other persons to whom the agency may determine that notice should be given.  The agency or its clerk or secretary shall keep a permanent record of the persons to whom such notice was sent and of the addresses to which sent and the time when sent.  Where a contested case would affect the rights, privileges or duties of a large number of persons whose interests are sufficiently similar that they may be considered as a class, notice may in a proper case be given to a reasonable number thereof as representatives of such class.  In any case where the name or address of any proper or designated party or person is not known to the agency, and where notice by publication is permitted by law, then notice by publication may be given in accordance with any rule or regulation of the agency or if there is no such rule or regulation, then, in a proper case, the agency may by a special order fix the time and manner of such publication;

  (2)  The notice of institution of the case to be mailed as provided in this section shall state in substance:

  (a)  The caption and number of the case;

  (b)  That a writing seeking relief has been filed in such case, the date it was filed, and the name of the party filing the same;

  (c)  A brief statement of the matter involved in the case unless a copy of the writing accompanies said notice;

  (d)  Whether an answer to the writing is required, and if so the date when it must be filed;

  (e)  That a copy of the writing may be obtained from the agency, giving the address to which application for such a copy may be made.  This may be omitted if the notice is accompanied by a copy of such writing;

  (f)  The location in the Code of State Regulations of any rules of the agency regarding discovery or a statement that the agency shall send a copy of such rules on request;

  (3)  Unless the notice of hearing hereinafter provided for shall have been included in the notice of institution of the case, the agency shall, as promptly as possible after the time and place of hearing have been determined, mail a notice of hearing to the moving party and to all persons and parties to whom a notice of institution of the case was required to be or was mailed, and also to any other persons who may thereafter have become or have been made parties to the proceeding.  The notice of hearing shall state:

  (a)  The caption and number of the case;

  (b)  The time and place of hearing;

  (4)  No hearing in a contested case shall be had, except by consent, until a notice of hearing shall have been given substantially as provided in this section, and such notice shall in every case be given a reasonable time before the hearing.  Such reasonable time shall be at least ten days except in cases where the public morals, health, safety or interest may make a shorter time reasonable; provided that when a longer time than ten days is prescribed by statute, no time shorter than that so prescribed shall be deemed reasonable;

  (5)  When a holder of a license, registration, permit, or certificate of authority issued by the division of professional registration or a board, commission, or committee of the division of professional registration against whom an affirmative decision is sought has failed to plead or otherwise respond in the contested case and adequate notice has been given under this section upon a properly pled writing filed to initiate the contested case under this chapter, a default decision shall be entered against the holder of a license, registration, permit, or certificate of authority without further proceedings.  The default decision shall grant such relief as requested by the division of professional registration, board, committee, commission, or office in the writing initiating the contested case as allowed by law.  Upon motion stating facts constituting a meritorious defense and for good cause shown, a default decision may be set aside.  The motion shall be made within a reasonable time, not to exceed thirty days after entry of the default decision.  "Good cause" includes a mistake or conduct that is not intentionally or recklessly designed to impede the administrative process.

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(L. 1957 p. 748 §§ 536.063, 536.066, A.L. 1995 S.B. 3, A.L. 2011 H.B. 265)

CROSS REFERENCE:

Workers' compensation cases, this section not deemed to govern discovery between parties, 287.811